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public annoyance

jim baird

jim baird

Silver Member
Joined
Oct 17, 2009
Messages
490
Location
Comer, GA
Our town, like many, has been blessed with a number of nearly new, yet now abandoned residential properties.

I have been asked by local councilmen/mayor if current codes (building/zoning) could be brought to bear on owners to remediate the appearance of those.

Short of condemnation for unsafe conditions there is not much there.

I have before me now a new ordinance draft, which puts procedural aspect in my lap, that proscribes "unlawful accumulation of weeds and noxious vegetation". Drafted by the City attorney, who for whatever his reasons made efforts to steer clear of the well-plowed ground and long case histories of existing nuisance laws which are adopted locally mostly by reference to state law. His term for the offense is the creation or maintenance of a "public annoyance".

I have already told the lawyer that, since the town abounds in delapidated structures already, I would be hard put to initiate action based on the new rule, as such action would be clearly arbitrary.

The impetus looks to me to start with a subdivision where spec houses sprouted like mushrooms during the first Y2K decade, and where now absentee owners are not keeping up appearances. Neighbors equate this with diminution of their property values.

Are others here seeing creation of similar "spiffy" ordinances?
 
We have typical code enforcement regulations on weeds, trash, refuse accumulation that our CE folks use. If they are abandoned properties, after proper notification to owners of record, CE cand though our administrative process, get standing abatement orders to keep weeds and such at bay. All charged out at cost plus 15%, attached as liens on the property. They just work them as they can..........
 
Building a better mousetrap, reinventing the wheel... all at an hourly rate that most of your resident tax payers will never earn in their lifetimes.

I suggest you take a copy of the Property Maintenance Code to the 'legal eagle' AND the local legislative board. Show them (the board, that is) what a scam he (the attorney, that is) is running at taxpayer expense. This kind of crap makes me sick...
 
I use a combo of the IPMC and our city nuisance abatement code. Like fatboy's CEs, I squeeze them in as I can. I am getting more and more foreclosures here now. So far, only one is a nuisance and I don't have the informaton for the foreclosure company. This one is on my list for tracking down infomation this week.

About May, I start with the regular nuisance abatements and notices. So far, knock on wood, everyone is behaving and no yearly notices will be forthcoming.
 
We have a copy of the Property Maintenance Code, however, most of our existing building codes, city ordinances and zoning regulations are adequate to handle foreclosures that turn into 'public annoyances,' or in some cases actually becoming unsafe properties. With most of our foreclosure properties we are able to get a response from the lending institution that is now the owner, however, in some cases we end up removing the nuisance at a cost to the owner, which may be imposed as a lien on the property.

We have considered adopting the PMC, but as of now, it is shelved and gathering dust. I think it is a more than adequate code, and could have saved you extra legal fees as JBI noted.

Our nuisance reports have shot up dramatically over the last few weeks. Lots of rain followed by a mini heat wave have neighbors cranky and bored. I wish we didn't take anonymous phone calls, as most of these issues are civil matters to begin with.
 
Papio Bldg Dept said:
Our nuisance reports have shot up dramatically over the last few weeks. Lots of rain followed by a mini heat wave have neighbors cranky and bored. I wish we didn't take anonymous phone calls, as most of these issues are civil matters to begin with.
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I make them submit a written complaint here, cuts down on the nuisance of unnecessary nuisance complaints. And then there are the 'fence wars', a whole nother facet of nuisance complaints..........
 
jim baird said:
I have already told the lawyer that, since the town abounds in delapidated structures already, I would be hard put to initiate action based on the new rule, as such action would be clearly arbitrary.
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To implement such a "new" property maintenance ordinance, a survey methodology works best: Create a list of neighborhoods to survey. Survey each neighborhood in its entirety, and post/mail notices accordingly with appropriate follow-up. To avoid the appearance of "arbitrary" or discriminatory practice in code enforcement, it should be demonstrable that an effort is being made to systematically address an issue on a jurisdictional-wide basis.

Highlighting a simple road map of your jurisdiction with colored markers, and creating an assignment list or calendar for proposed enforcement is a good and simple way to start.

Also, it is perfectly justifiable to begin your survey in areas within your jurisdiction having the most need . . . or obvious violations.
 
Alias said:
I make them submit a written complaint here, cuts down on the nuisance of unnecessary nuisance complaints. And then there are the 'fence wars', a whole nother facet of nuisance complaints..........
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Fence wars are just heating up here as well with comments like, "my neighbor is putting up a fence at the edge of the sidewalk, why wasn't I allowed to do that," or, "my neighbor's fence is old, worn and falling down, and I can't let my dog out in my back yard anymore. Can you make them fix it?" Sometimes they are more than a nuisance, they turn neighbors into the hatfields and mccoys.
 
My last jurisdiction had an 18" minimum from the propertry line requirement for fences, exception for a written agreement to place it on the common line. Two former friends, now enemies couldn't bring themselves to sign off so they each installed their own fence 18" from the common line, with the remaining 3' between being difficult (at best) to maintain... Humans are so stupid!
 
Papio Bldg Dept said:
Fence wars are just heating up here as well with comments like, "my neighbor is putting up a fence at the edge of the sidewalk, why wasn't I allowed to do that," or, "my neighbor's fence is old, worn and falling down, and I can't let my dog out in my back yard anymore. Can you make them fix it?" Sometimes they are more than a nuisance, they turn neighbors into the hatfields and mccoys.
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Yep, hatfields & mccoys here for one fence. New folks moved in, started to erect fence. First call from neighbor - "Don't they have to put it 18" off the property line?" My answer - no. Second call "Why can they put the 6' fence next to my property?" Because it is their backyard. Old neighbor tells new folks that the 3' wide concrete walk abutting newbies garage and only access for their backyard is on their property. The surveyor has been called and paid for by the newbies, lots have been surveyed, and the old neighbor (a$$hole) is telling the newbies that the city's maps are wrong. What a mess, I bet it will be going to court. *sigh*
 
Alias said:
Yep, hatfields & mccoys here for one fence. New folks moved in, started to erect fence. First call from neighbor - "Don't they have to put it 18" off the property line?" My answer - no. Second call "Why can they put the 6' fence next to my property?" Because it is their backyard. Old neighbor tells new folks that the 3' wide concrete walk abutting newbies garage and only access for their backyard is on their property. The surveyor has been called and paid for by the newbies, lots have been surveyed, and the old neighbor (a$$hole) is telling the newbies that the city's maps are wrong. What a mess, I bet it will be going to court. *sigh*
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We just had one, where for the last 13 years everybody and their dog have been reading the legal discription wrong. Turns out that the south 8' ft of this guys lot belong to the neighbor. His home no longer meets setbacks. His fences, patio work and outdoor fireplace are all on neighbors property, who he says he does not get along with, but who has yet to comment on him using that 8' of property, which we will no longer issue permits on without neighbor/actual owner's consent.

It is happy happy joy joy season here, and once again we are asked to mediate civil matters. I am beginning to think that property rights issue resolution would be a lucrative business.
 
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